An Appraisal of the Legal Framework of Cybercrime in Nigeria

2015

Cybercrime offences know no limits to physical geographic boundaries and have continued to create unprecedented issues regarding to the feasibility and legitimacy of applying traditional legislations based on geographic boundaries. These offences also come with procedural issues of enforcement of the existing legislations and continue to subject nations with problems unprecedented to its sovereignty and jurisdictions. This research is a critical study on the legal aspects of cybercrime in Nigeria, which examines how laws and regulations are made and applied in a well-established system to effectively answer questions raised by shortcomings on the implementation of cybercrime legislations, and critically reviews various laws in Nigeria relating or closely related to cybercrime. This research will provide insight into current global cybercrime legislations and the shortfalls to their procedural enforcement; and further bares the cybercrime issues in Nigeria while analysing and proffering a critique to the provisions as provided in the recently enacted Nigerian Cybercrime (Prohibition and Prevention) Act 2015, in contradistinction to the existing legal framework in the United Kingdom and the other regional enactments like the Council of Europe Convention on Cybercrime, African Union Convention on Cybersecurity and Personal Data Protection 2014, and the ECOWAS Directive on Cybercrime 2011. Chapter One: GENERAL INTRODUCTION Cybercrime has become one of the great legal frontiers. Between 2000 and 2012, the internet expanded at an average rate of 566.4% on a global level, while an estimated 2.4 billion people are "on the Net." 1 Six trillion web pages are accessible, 2.2 billion Google searches per month and 12% of all global trade happens online, with about $240 million lost from global cyber-crime. 2 The rapid growth of computer technology carries with it the evolution of various crimes on the internet. In recent years, there has been considerable focus within the criminal justice system on computer-related crime, as cybercrime has garnered increased attention because computers have become so central to several areas of social activity connected to everyday life. 3 Internet users innovate freely on various platforms, reaching out to more people, aiding ubiquity of internet features and with attendant high utility and pecuniary returns. 4 Although the internet has been a double-edged sword providing opportunities for individuals and organisations, it brings with it an increased information security risk. 5 Cybercrime has in recent time become a crucial threat to many countries which has necessitated many governments from around the world to enact sturdy legislation and also put in place coherent procedural measures to tackle cyber-criminals; which involve putting effective task forces,

2013

2 in its capacity and accessibility, and the decrease in its cost, has brought about revolutionary changes in commerce, communication, entertainment and the rise of a modern crime known as cyber crime. 7

The benefits offered by ICTs to the millions of users around the world have allowed diverse activities in the physical world to be transferred to the digital environment, communication efficiency and the exchange of data and information have facilitated the realization of economic and commercial activities, as well as social, entertainment, education, research, in all of them there is the imminent risk of being a victim of criminal behavior that puts at risk the personal and patrimonial security of users, therefore fundamental is the fight against this threat.

This study undertakes a review of the relevant provisions of the Criminal Code Act and the Criminal Procedure Act in view of ascertaining the adequacy, or otherwise, of the statutes in fighting crimes committed in cyberspace in the relevant territorial jurisdiction. This would only serve as a case study of the paucity of the necessary legal regime that is needed to combat cyber criminality in Nigeria today. Thus, cognizant of the enormous positive role of the internet and allied applications in enhancing the quality of human life today, this inquiry is not unaware of the reality of criminal behaviours via same. This paper culminates in practical suggestions that would peter out an adequate, comprehensive, and effective anti-cybercrime legal framework.

2014

— Following the dawn of the Information Age, Computers and the Technologies that power them have been proven a doubleedged sword with the potential for both good and evil – depending on how much the user(s) can harness them in either direction. On one end of the stick, we seem doused by the development of sophisticated devices and gadgets to assuage our growing need for communication and connectivity and also to combat internet and electronicrelated/fostered crimes and the criminals that perpetrate them; while on the other end, we wrestle with the fact that electronic Crimes are becoming more popular, leaving in their wake much more devastating effects than it did in preceeding years. The ICT devices and equipment that are employed right from planning to execution of such and other (similar) crimes are worrisomely becoming more common, less expensive and more sophisticated over the years – a nagging fear that some of the most-potent devices are becoming more readily available,

Cyber law is a term used to portray the permissible issues related to the use of communication technology, predominantly "cyberspace", i.e. internet. It is less a distinct field of law in the way that property or contact are, as it is an intersection of many legal fields, including intellectual property, privacy, freedom of expression, and jurisdiction. In essence, cyber law is an endeavor to amalgamate the challenges presented by human bustle on the internet with bequest system of laws applicable to the physical world. The growth of Electronic commerce has propelled the need for vivacious and effective regulatory mechanisms which would further strengthen the legal infrastructure, so crucial to the success of electronic commerce. All these regulatory mechanisms and legal infrastructures come within the domain of Cyber law. This research paper tends to strike the drastic and immensely growing problem of cyber crime by taking some universal essentials and stature and also shows their preclusions.

This paper examined the nature and dynamics of cybercrime in Nigeria and its contribution to the socioeconomic development challenges in the country. The paper adopted the library research method as secondary data sourced fromarticles, journals, periodicals and publications were utilized. Anchored on the risks society theory, the paper argues that the internet revolution and the advent of mobile telephone technology in the country has posed unintended risks to the society evident in increasing surge in cybercrime such as yahoo-yahoo-advanced fee fraud, hacking, cyber stalking, virus attacks, espionage, character defamation, pornography, online gambling and so on. The paper concludes that widespread cybercrime has negative impact on the socioeconomic development of Nigeria as it tarnishes the image of the country at the global scale, deters foreign investments, and reduces confidence in the digital economy; with huge financial loses to individuals, business organizations and the government. Following these submissions, the paper amongst others recommends that the Nigerian government should enact comprehensive laws to curb cybercrime, while building the capacity of security experts on contemporary cyber technology; also the government should provide jobs and entrepreneurial development opportunities to engage young people to keep them away from crime, while pursuing vigorous enlightenment campaigns for the citizens on basic preventive and protective measures against cybercrime.

Social Science Research Network, 2024